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Topic: Minersville School District vs Gobitis

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	West Virginia vs Barnette
		The decision of this Court in Minersville School District v.
		Gobitis and the holdings of those few per curiam decisions which preceded and foreshadowed it are overruled, and the judgment enjoining enforcement of the West Virginia Regulation is affirmed.
		The states that require such a school exercise do not have to justify it as the only means for promoting good citizenship in children, but merely as one of diverse means for accomplishing a worthy end.
	www.law.umkc.edu /faculty/projects/ftrials/conlaw/barnette.html (3811 words)

	Oblivion \|\| issue9: Pledge allegiance... or else
		Gobitis (1940), the Court ruled that Lillian and William Gobitis, aged twelve and ten, could not be expelled for not reciting the pledge because their religious beliefs forbid them from pledging allegiance to anything but God.
		The student was allowed back in school the next morning and the suspension was removed from his record.
		The Gobitis case can be found at http://laws.findlaw.com/us/310/586.html and is case number 310 U.S. The Barnette case can be found at http://laws.findlaw.com/US/319/624.html and is case number 319 U.S. © Everything in Oblivion is copyright by the individual contributor.
	www.oblivion.net /oblivion/9/pledge.php3?style=print (597 words)

	edonnelly.com - The Bill of Rights
		Gobitis (1940) - A Supreme Court ruling that students may be compelled to salute the flag and pledge alegiance even if it is a violation of their religious beliefs.
		Watkins (1961) - In this case, the Supreme Court ruled that a clause in the Maryland Constituion, which prohibited a man from becoming a notary public because he would not swear his belief in God, was a violation of the Establishment Clause.
		Verner, 374 U.S. 398 (1963) and Wisconsin v.
	www.edonnelly.com /billofrights.html (1813 words)

	In re Brown
		The District Attorney's purpose was to avoid the risk that a critical witness would die before trial.
		Decided in 1940 Gobitis found no infringement of constitutional rights attendant upon a requirement that the children of Jehovah's Witnesses attending public schools participate in the ceremony of saluting the national flag.
		It was against this backdrop that in 1943 the Supreme Court forthrightly overruled Gobitis in Barnette, 319 U.S. at 642, 63 S.Ct. at 1187, 87 L.Ed.
	jehovah.to /gen/legal/blood/brown.htm (4579 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		All citizens are taxed for the support of public schools although this Court has denied the right of a state to compel all children to go to such schools and has recognized the right of parents to send children to privately maintained schools.
		In the fourth case the judgment of the district court upholding the state law was summarily affirmed on the authority of the earlier cases.
		Gobitis, 310 U.S., 60 S.Ct. 1010, 127 A.L.R. 1493, was brought here because the decision of the Circuit Court of Appeals for the Third Circuit ran counter to our rulings.
	caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&vol=319&invol=624 (12588 words)

	Minersville School District Vs Gobitis (Site not responding. Last check: 2007-10-11)
		In Gobitis, decided in 1940, the high court ruled that Jehovah's Witness schoolchildren could not claim a religious exemption to a regulation mandating participation in flag-salute exercises at public schools.
		The court's ruling in Gobitis was widely perceived as an indictment of the Witnesses' patriotism.
		Expulsions of Witness pupils from public schools became so widespread that members of the faith in dozens of communities were forced to operate their own makeshift schools.
	www.ourschoolsonline.org /minersville-school-district-vs-gobitis.htm (1042 words)

	Native American Indian
		The school district had rewritten its policy several times to reduce its sectarian nature and to ensure that it was universal in nature.
		Under the ruling, the school district was required to provide this service for the Zobrest child, despite the fact that the child attended a parochial school.
		Gobitis, 310 U.S. 586 (1940) in which Justice Felix Frankfurter wrote a majority decision that claimed that national unity was a rationale for expelling a Jehovah's witness for refusing to salute the flag.
	www.csulb.edu /~crsmith/41indian.html (7616 words)

	Minersville School District vs. Gobitis
		Minersville School District vs. Gobitis was a 1940 U.S. Supreme Court case involving the Jehovah's Witnesses, in which the court had held that Witnesses could be forced against their will to pay homage to the flag.
		This decision had led to increased persecution of Witnesses.
		Gobitis was overturned by West Virginia State Board of Education vs. Barnette in 1943.
	www.ebroadcast.com.au /lookup/encyclopedia/mi/Minersville_School_District_vs._Gobitis.html (59 words)

	Landmark Supreme Court Cases --:: The Bill of Rights Institute ::---
		New Jersey’s reimbursement to parents of parochial and private school students for the costs of busing their children to school was upheld because the assistance went to the child, not the church.
		The death penalty “does not invariably violate the Constitution.” The judicious and careful use of the penalty was justified in that it met contemporary standards of society, served a deterrent or retributive purpose, and was not arbitrarily applied.
		School district requirements of drug tests for all students participating in any extra-curricular activities were upheld by the Court.
	www.billofrightsinstitute.org /instructional/resources/LandMarkSupremeCourtCases/index.htm (5222 words)

	The Argument Against Compulsory Prayer in Public Schools
		EVERSON V. The second notable mention of the phrase "separation of church and state" came in the 1947 Supreme Court case, Everson v.
		Gobitis (1940) In this case, two Jehovah's Witness school children were suspended from school for refusing to salute the American flag.
		All court cases involving school prayer have arisen out of a situation in which an individual or a group of individuals have been, or was in danger of being, required by a state-supported institution to conform to religious practices of others.
	www.datasync.com /~wizard/SchoolPrayer.html (8552 words)

	West Virginia State Board of Education vs. Barnette
		The most important U.S. Supreme Court legal victory won by the Jehovah's Witnesses was in the case West Virginia State Board of Education vs. Barnette, in which the court ruled that school children could not be forced to pledge allegiance or salute the U.S. flag.
		This decision, issued on Flag Day[?] June 14, 1943 made an important contribution to later decisions concerning burning the flag.
		The Barnette decision overturned an earlier case, Minersville School District vs. Gobitis (1940), in which the court had held that Witnesses could be forced against their will to pay homage to the flag.
	www.ebroadcast.com.au /lookup/encyclopedia/we/West_Virginia_State_Board_of_Education_vs._Barnette.html (156 words)

	[No title] (Site not responding. Last check: 2007-10-11)
		Lillian Gobitis and her brother William were expelled from the public schools of Minersville, Pa for refusing to salute the national flag as a part of daily school exercise.
		The Court’s Decision: In an 8-1 Court Decision the Supreme Court found that the school district had a strong interest in creating national unity that was sufficient to permit them to compel students to salute the flag.
		The school’s interest in creating national unity was, in their opinion, more important than the rights of the students to refuse to salute the flag.
	muweb.millersville.edu /~rspicer/law_study_guide_3.doc (1938 words)

	Untitled Document
		Open forums may not be closed to groups based on the content of their speech unless the speech can be shown to be obscene, libelous, slanderous and/or presenting a clear and present danger to those in attendance.
		This decision was a direct outcome of the Equal Access Act which requires schools that receive federal funds to avoid discriminating against any student initiated clubs on the basis of religious or political content of their messages.
		In 1989 a federal district court held that the University's "Policy on Discrimination and Discriminatory Harassment of Students in the University Environment" was unconstitutional because it was too vague and overbroad.
	www.csulb.edu /~crsmith/44acfre.html (1272 words)

	The First Amendment
		In Margh vs. Chambers (1983) the question was raised if a chaplain saying a prayer at the beginning of every session of Congress was supporting a religion and abolishing the rights of those that don’t believe the same way.
		In Edwards vs. Aguillaro (1987) the challenge of teaching creationism, the theory that a Supreme Being created life in the universe a standard Christian belief, was tested.
		This was challenged in the New vs. Minnesota decision of 1931.
	members.fortunecity.com /shocktrup/papers/first_amendment.htm (3700 words)

	aegis_one: Notes.
		School children have been forced to sing quasi-religious anthems and pledge allegiance to the flag.
		Time v Hill considered whether the "actual malice" standard should also apply to a false light privacy claim brought by the Hill family, who argued that they were falsely presented in a LIFE magazine story describing a play based on a crime in which they were the victims.
		The schools argued, among other things, that the law compelled them to support speech (i.e., military recruiting on their premises that was inconsistent with their belief that employers should not discriminate against homosexuals) with which they disagreed.
	aegis-one.livejournal.com /141213.html (7726 words)

	The American Voice 2004 - Ask Dr. Dave - Answer - Pledge of Allegiance and Under God
		In 1885, B.J. Cigrand, a schoolteacher, arranged for the pupils in the Fredonia, Wisconsin Public School to observe June 14 (the 108th anniversary of the official adoption of The Stars and Stripes by the Continental Congress) as 'Flag Birthday'.
		The Elk Grove School District and the United States petitioned for rehearing of the case by the three-judge panel and by the full Ninth Circuit.
		The amended opinion affirmed the earlier ruling that the school district's policy of teacher-led recitation of the Pledge with the inclusion of the words "under God" was unconstitutional, but it pulled back from its earlier conclusion that the 1954 Act adding the words "under God" to the Pledge was unconstitutional.
	www.americanvoice2004.org /askdave/24askdave.html (2652 words)

	Religion in the News
		A public school told one of its teachers that she can’t evangelize the students, and so she’s going to see what some highfalutin judges think of that.
		The court’s decision may hang on whether the school board member was speaking on his own behalf (in which case, the prayer was constitutional) or on behalf of the school district (in which case, the prayer violated the religious rights of the Jewish student).
		Milford Central School, the court ruled that to bar religious groups from using school facilities was to violate their free speech rights.
	www.misterthorne.org /NEWS/JUN_2003.htm (4360 words)

	Eight By Ione
		On June 18, 1938, the federal district court in Philadelphia granted the Gobitases an injunction that was upheld Nov. 10, 1939, by the Third Circuit Court of Appeals, also in Philadelphia.
		The Minersville school board, with financial help from the now-defunct Association of Patriotic Societies of Schuylkill County and other like-minded organizations, appealed the case to the Supreme Court.
		Joseph Brady, superintendent of what is now the Minersville Area School District and son of Edward A. Brady, the superintendent when the Gobitas ruling was reversed by the Supreme Court, said his father never discussed the case with him.
	www.schuylkill.com /pub/archive/ione/ione1.htm (2489 words)

	Re: Forced Oaths to Pieces of Cloth
		Under a state law that takes effect today, almost every student in Pennsylvania - from preschool through high school, in schools public and private - must face the Stars and Stripes each school day and say the pledge or sing the national anthem.
		It is "one of the most stringent pledge laws in the United States," said Greta Durr, a researcher for the National Conference of State Legislatures, which tracks state lawmaking across the nation.
		Minersville School District vs. Gobitis - 310 U.S. Ct. 1136 (1940).
	www.mail-archive.com /cypherpunks@minder.net/msg36190.html (384 words)

	Criminology and Law: Term Paper Section at AcademicTermPapers.com
		The four schools of Islamic law are explained; all are based on the Korean and the Sharia.
		The development of the Bakke case is traced from the inception of the affirmative action programs in 1965 down to the recent historic decisions.The legal arguments on both sides of the case are considered in detail, and the pending outcome of the case is analyzed from the standpoint of intent to discriminate.
		Two landmark legal decisions of the Supreme Court on the question of flag salute are detailed., The arguments in Minersville School District vs.Gobitis (1940) and West Virginia Board of Education vs. Barnette (1942), are summarized.
	www.academictermpapers.com /catpages/catl06a-3.html (3610 words)

	Jehovah’s Witnesses reach out to all
		The greatest blow to the religion in the United States came with the 1940 Supreme Court case Minersville School District vs. Gobitis, which said that Jehovah’s Witness children could be forced to salute and pledge to the flag in school, a violation of their allegiance to Jehovah.
		Minersville was overturned in 1943 with the case West Virginia Board of Education vs. Barnette, known as the flag salute case, Brumley said.
		The 1953 case Dickinson vs. the United States clarified draft exemptions for ministers — all Witnesses are considered ministers, Brumley said.
	www.religionnewsblog.com /11976/jehovahs-witnesses-reach-out-to-all (1679 words)

	In the Agora: Comment on Krauthammer on Judicial Rulings
		The Court ruled in 1940 in Minersville School District v.
		Gobitis, by an 8-1 vote, that a public school can require schoolchildren to salute the flag, even though doing so violates their religious beliefs.
		Much as I dislike much of Thomas'sjudicial philosophy (his inability to recognize the equal protection issue in Lawrence vs. Texas was disturbing), his dissent in the Raich case was spot on, exactly correct, and should have been the majority opinion.
	www.intheagora.com /cgi-bin/mt/mt-comments.cgi?entry_id=1025 (1223 words)

	Fluff on the scales of justice
		Back in 1940, in the case of Minersville School District vs. Gobitis, the Supreme Court overturned lower court decisions and allowed the school district to expel two young Jehovah's Witnesses for refusing to salute the flag during required school ceremonies.
		A second explanation is that the course of war itself had made the court more, not less, sensitive to the value of affirming the rights of unpopular religious dissenters.
		It was this legacy of war, many constitutional scholars now agree, that paved the way for the desegregation decisions culminating in Brown vs. Board of Education, also decided in 1954.
	www.sfgate.com /cgi-bin/article.cgi?file=/c/a/2002/07/07/IN162586.DTL&type=printable (547 words)

	firstamendmentcenter.org: Religious Liberty in Public Schools - Cases & resources
		West High School, 132 F.3d 542 (10th Cir.
		Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools, from the U.S. Department of Education (updated guidelines originally issued by Clinton administration in 1999 with assistance from First Amendment Center)
		The Supreme Court refused to rehear this case: 423 U.S. Perry v.
	www.firstamendmentcenter.org /rel_liberty/publicschools/cases_resources_summary.aspx (1984 words)

	Justice Felix Frankfurter 1940 Signed Letter on Supreme Court Stationary
		This is a clean letter in excellent condition with a strong signature from Frankfurter on his Supreme Court Chambers stationary shows how polite and accommodating he could be in an apparent response to an autograph request.
		Frankfurter in the year this letter was written authored one of his most controversial decisions of his Supreme Court tenure in Minersville School District vs. Gobitis upholding the right of a public school to dismiss a Jehovah's Witness for failure to salute the American Flag.
		Frankfurter was a noted civil libertarian so his balancing of interests in favor of the state caused quite a ruckus in 1940 the year he wrote our letter in what for America was still a pre-war year.
	www.historygallery.com /law/1940frankfurter/1940frankfurter.htm (376 words)

	USA Today on JW's Legal History
		The court, smitten by pre-World War II patriotic fervor, ruled it was constitutional to require Jehovah's Witness students to violate their faith and pledge allegiance to the flag in public school.
		A Pennsylvania school district had expelled Lillian and William Gobitas (their last name was misspelled in court papers) because they kept their arms down during the daily flag salute.
		A Witness named Walter Chaplinsky was arrested in Rochester, N.H., for his fiery street-corner evangelizing, which included attacks on the ''harlot'' Catholic Church and on saluting the flag.
	www.cesnur.org /testi/geova_USAtoday.htm (896 words)

	Will prison flap influence high court cases? - Tom Curry - MSNBC.com
		And Breyer will likely play a key role in the court's decision because it was he who wrote the court's majority opinion in a case called Zadvydas vs. Davis handed down just three months before the Sept. 11 attacks.
		On June 3, 1940, the court ruled in a case called Minersville School District vs. Gobitis that students in public schools who were Jehovah's Witnesses could be forced to salute the flag, despite their religious objections to the practice.
		More frequently cited in recent months is a case from that same era in which some of the justices later looked back and regretted permitting executive branch action in wartime, the 1944 Korematsu case upholding the relocation of Japanese-Americans.
	www.msnbc.msn.com /id/4947445 (1333 words)

	JS Online:
		From 1938 to 1946, the U.S. Supreme Court handed down 23 opinions covering 39 Witness-related cases, including such landmarks as Cantwell vs. Connecticut (which strengthened protections for religious liberty) and West Virginia vs. Barnette (freedom of conscience and free speech).
		The Witness cases from that era affected the evolution of American law by helping to bring minority and individual rights - areas long overlooked by the courts - out of the shadows and into the forefront of constitutional jurisprudence.
		Scalia's attempt to impugn the patriotism of the Jehovah's Witnesses is particularly disturbing because it harkens back to one of the darkest moments in the Supreme Court's history - its notorious ruling in the case of Minersville School District vs. Gobitis.
	www.jsonline.com /story/index.aspx?id=60228&format=print (855 words)

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